MECHANISM OF BRINGING FOREIGNERS AND STATELESS PERSONS TO ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF MIGRATION LEGISLATION

Abstract

The article examines the mechanism of bringing foreigners and stateless persons to administrative responsibility for violations of legislation, which is ensured by the authorized bodies of the State Migration Service of Ukraine, taking into account the amendments made on the basis of the Law of Ukraine "On Amendments to the Code of Ukraine on Administrative Offenses to Improve Legislation in the Field of of migration" dated June 29, 2023 No. 3196-IX. It has been proven that the main determinant of the administrative responsibility of foreigners and stateless persons is the peculiarities of their legal status of stay in the territory of Ukraine. The legal regime of stay of foreigners and stateless persons who are in the territory of Ukraine on legal grounds and in violation of the migration legislation regulated by the Code of Ukraine on Administrative Offenses, laws and other regulatory legal acts is defined. The regulatory legal acts that determine the permitted period of stay and residence on the territory of Ukraine of foreign citizens have been considered. Administrative offenses were identified and systematized, which indicate a violation of the legislation on the legal status of foreigners and stateless persons. The procedure for implementation by the State Migration Service of measures aimed at ensuring control over the stay of foreigners on the territory of Ukraine, and their authority to impose an administrative penalty for violating the legislation on the legal status of foreigners and stateless persons. persons, non-fulfillment of the decision to ban entry to Ukraine, non-fulfillment of obligations of the receiving party and illegal assistance to foreigners or stateless persons in evading departure from Ukraine. In the course of the study, it was concluded that within the scope of their powers, the bodies of the SBI have the right to impose an administrative penalty only in case of establishing the fact of an administrative offense, including exceeding the permitted limit. the period of stay of a foreigner or stateless person who entered the territory of Ukraine on legal grounds. Ways to solve the specified problems are proposed.